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HomeMy WebLinkAboutDistrict 01 Minutes 1951-11-28• MINUTES OF REGULAR MEETING BOARD OF DIRECTORS COUNTY SANITATION DISTRICT NO.1 November 2g,1951 at ~:OQ p.m. Board of Supervisors’Room Court House Santa Ana,dalifo±’riia Chairman Finch called the joint meeting ~f the District Boards to order at ~:OO p.m. The roll was called and the Secretary reported a quorum present. Directors present:Courtney R.Chandler (Chairman) J.L.McBride Willis H.Warner Directors absent:None Oth~rs present:Raymond Ft.Ribal,Chief Engineer and General Manager E,E.Frisbie K.J.Harrison J.A.Woolley Nat.H.Neff Heinz Kaiser C,Arthur Nisson,Jr. E.J.Marks Ben Reddick Paul Brown Thomas Norton Ora Mae Merritt,Secretary flutes of — A motion was made,duly seconded and November 21 carried,approving the minutes of the meeting held on November 21,1951, as mailed out. Report of the Director Warner,Chairman of the Committee_oriContract~Committee negotiating a contract with ~J~p Consulting — the consulting engineers reported that Engineers most of the problems had been ironed out and that before another weak the will have a completed draft of the contract between the Districts and the Consulting Engineers which will be mimeographed and mailed to all the Directors. -1- 364 _____________ Director Robert H.Boney,Chairman of _____________________ the Executive Committee Reported that the Committee had unanimously recom mended the following to the District Boards: 1..The adoption of a resoluti.ori authorizing the execution of Agreement to Amendment of the Sale and Purchase Agreement. 2.That a motion be made directing the Chief Engineer arid General Manager to present the Amendment of the Sale and Purchase Agreement to the various members of the JOS for their signatures. Authorizing Execution of the Agreement of Amendment to the Sal~ and Purchase Agre eme nt~ After a general discussion,the Board adopted Resolution No~101,attached hereto at Exhibit A. Directing the Chief Engineer and General Manager to present the Amendment to members of the JOS Repprt of the Chief Engineer and General Mar~ger After a general discussion,a motion was made,duly seconded and carried, directing the Chief Engineer and Genera:I Manager to present the Agreement to Amendment of the Agreement of Sale and Purchase to various members of the JOS for approval and signature. Mr.Raymond R.Ribal,Chief Engineer and General Manager reported upon the activities of the Joint Administrati~re Organization since the last meeting of the Boards. Chairman Finch recognized Mr.Wright of Newport Beach,speaker for a delegation from Newport Beach.Mr.Wright stated that his delegation was present to ask what progress is being made to allev iate the sewerage condition in his vicinity.A general discussion was held,and Chairman Finch stated that progress is being made and that it appears at this time that it will be about a year and a half before the disposal plant will be built which will relieve the condition in Newport Beach. Adj ournment Upon a motion made,duly seconded and carried,the Chairman declared the meeting adjourned at ~:30 p.m. ATTEST: ~(T2~-~ Secretary,Board of Directors County Sanitation District No.1 Orange County,California C ainnañ4~Bo&rd of Directors County 3~anitation District No.1 Orange County,California Report of the Executive Committee RESOLUTION NO.101 A RESOLUTION OF THE BOi~RD OF DIRECTORS OF COUNTY SANI ThTION DISTRICT NUMBER ONE OF ORANGE COUNTY,APPROV ING THE AMENDMENT TO THE AGREEMENT OF SALE AND PURCHASE BE~NEEN THE CITIES OF SANTA ANA,ORANGE,ANAHt~IM AND FULLERTON i~ND PLACENTIA SANITARY DISTRICT,LA HABRA SANI ThRY DISTRICT,BUENA PARK SANITARY DISTRICT AND Gi~RI)EN GROVE SANIT1~RY DISTRICT,AS SELLERS,~ND COUNTY SANITATIOi’~ DISTRICTS NUMBERS ONE,TWO,THREE,FIVE,SIX.,SEVEN AND ELEVEN OF ORANGE COUNTY,AS BUYERS. The Board of Directors of County Sanitation District Number One does resolve as follows: SECTION I.That the certain contrdct made by the Cities of Santa Ana,Orange,Anaheim and Fullerton and Placentia Sanitary District,La Habra Sanitary District,Buena Park Sanitary District and Garden Grove Sanitary District,as Sellers and County Sanitation Districts Numbers One,Two,Three,Five,Six,Seven and Eleven of Orange County,as Buyers,dated February 2~,1951,whereinthe Sellers agree to sell and the Buyers agree to buy the land,rights of way and sewage disposal facilit~ies in what is commonly known as Section I of the Joint Outfall Sewer be arid the same is hereby amended in accordance with the terms of that certain Agreement dated November 2~,1951,marked Exhibit A,attached hereto and ruadea part hereof. SECTION II.The Chairman of the Board of Directors of County Sanitation District Number One and the Secretary thereof be and they are hereby instructed and authorized to execute said amend ment on behalf of County Sanitation District Number One of Orange County. The foregoing resolution was introduced by Director McBride who moved its adoption.Said motion was seconded by Director Warner , and was carried by the following vote: AYES:Directors Jehn L.McBride,Willis H.Warner and Courtney R.Chandler NOES:Directors None ABSENT:Directors None STATE OF CALIFORNIA) ss COUNTY OF ORANGE I,ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No,1 of Orange County,California,here by certify the above and foregoing Resolution was duly and regularly adopted by said Board at a regular meeting thereof held on the 2~th day of November,1951. I’ IN WITNESS whereof,I have hereunto set my hand this 2~th day of November,1951. ~~ Secrét~~Board of Di~ectors of County Sanitation District No.1 of Orange County,California EXHIBIT “A” EXHIBIT £3CC ‘1 AMITh(~IT TO AGREDIFZ4T OF SALE AND PURCHASE 2 DATED FEBRUARY 28,1951 3 THIS AGREPZ4flJT,entered into this 28th day of 5 November,1951,by and between the Cit•ies and Sanitary 6 Districts named in that certain Agreement of Sale and Purchase, 7 dated February 28,1951,wherein said Cities and Sanitary 8 Districts are designated as “Sellers”,and County Sanitation 9 Districts Ios.1,2,3,5,6,7 and 11 of Orange County are 10 designated as “buyers”~ 11 WHEREAS,it is necessary and desirable to amend certain 12 provisions of the Agreement of Sale and Purchase hereinabove 13 referred to for the purpose of ~nab1ing the parties hereto to be 14 in accord with respect to the acts and proceedings specifiet in 15 said Agreement of Sale and Purchase and required under the pro- 16 visions of the Health and Safety Code of the State of California; 17 NOW,THER~ORE,the parties hereto do hereby covenant, 18 promise and agree as follows: 19 I.That there shall be added to Section 17 of the 20 Agreenent dated February 28,1951 the following paragraph: 21 When all additional construction described in 22 Paragraph 1?of the Agreement of Sale and Purchase dated 23 February 28,1951,by the parties to this Agreement,and here- 24 tofore commenced,has been completed,that no additional constr 25 uction und°r Paragraph 17 shall be undertaken by the Sellers 26 during the time they retain possession,except as set forth in 27 Paragraph 18,as amended. 28 II.That Paragraph 18 of that certain agreement made and entered into by and between the parties hereto on the 28th •0 thy of Febrtaary,1951,be amended to read as follows: ‘1.I tring the time the Sellers remain in possession of and mairat tin and operate said Section One,all repla’ernents ii a -1- 367 1 .f any portion of the existing facilities and the construction of 2 additions thereto not presently contemplated as provided in 3 i Paragraph 17,as amended (except such as may be required as ordinary maintenance and repair of said facilities),shall be made 5 and constructed by the Buyers when such replacements and/or new 6 construction shall be found and deteri~ined by the Departments of 7 Health of the State of California,or the County Health Depart ~ment,to be necessary for the protection of the public health 9 or when such replacements or additions are ordered or directed 10 to be made by either of said Departments.If said Buyers shall 11 fail to commence the same as soon as practicable and within the 12 time directed by either of said Departments and not later than 13 six months from the date of notice by the Sellers to commence lL1~to make such replacements and/or additions when found and 15 determined to be necessary by the Department of Health of the 16 State of California or County Health Department pr when ordered 17 by either of said Departments and,to complete the same within a reasonable time thereafter,then and in that event,Sellers 19 are hereby authorized to make the same,Such replacements or 20 additions shall be paid for from the proceeds of the presently 21 authorized bonds of Buyers,or other available funds,if the 22~same constitute impr~vernents described in the EngineerTs Reports 23 of Vjnt,on ii.Bacon or substitutes therefor;otherwise said 24.adc~itiona1 facilities shall be paid for from the annual tax levies 25 of the serveral districts purchasing the same and must be paid 26~for in not less than five years in the case of Districts No~, 27 1,5,6 and 11;fifteen years in the case of Districts Nos. 2~2 and 3 and thirty-seven years in the case of District No.7 from the date of completion.The Buyers agree to levy suffi 30 ci~nt taxes to pay such amounts within said periods. 31 III.That the second paragraph of Paragraph 23, 3~“Termiration~shall be amended to read as follows: —2— 3G8 1 This contract shall become null and void at the option of 2 either the Buyers or Sellers: 3 (a)In the event that the several Cotnty Sanitation Distr ~~‘~icts herein mentioned fail to sell the bonds authorized by the bond 5 election held in the respective districts on the 2~th day of Febru— 6 ary,1949,at the earliest practicable date and not later th~r!..u~r 7 1,1952;or (b)In the event that the treatment and disposal facili 9 ties described in the engineering reports of Vinton W.Bacon under 10 date of December 22,194~,or as said plan may he modified in 11 ac’~ordance with the provisions of this Agreement under the provi 12 sions of Section 4?5~of the Health and Safety Code of the State 13 of California,cannot be constructed or substantially con~tructed 14 from the proceeds of funds available f~m said bond issues and other 15 funds now or hereafter made available therefor.If said plan as 16 outlined in,the Bacon Reports shall be modified,such modification 1 shall provide for the construction of the best and largest capacity 1 facilities that can be constructed with the available funds and 19 with sufficient capacity to receive,treat and adequa~e1y dispose 20 of all sewage arising within the boundaries of the Seflers~d Buyers. 21 IV.That the first paragraph of subsection Three (3) 22 of Paragraph 15,Welivery of Possesion and Tit1e1~shall be ‘amended 23 to read as follows: 24 Buyers have,within a reasonable time hereafter,con- 25 structed the land and marine sections of the proposed new out 26 fall sewer,and suffici~nt portions of the existin~,and new 27 dispo3al plant and other facilities to adequately treat,handle 2~and dispose of,in accordance with the requirements of the ~)Department of Health of the State of California,all sewage at :~the time of delivery of possession arising within the boundaries L~of the Sellers and Buyers,and have such facilities in condition —3— 369 1 for operation;and which time said Sellers will execute and 2 deliver to County Sanitation Districts Nos.1,5,6 and 11 good 3 and sufficient instruments conveying to each of said County 4 Sanitation Districts the undivided interest in said 3ection One 5 for which said County Sanitation District has paid and a3sl]nied 6 bonded indebtedness as provided hereinbefore in this agre~m~nt. 7 V.It is further understood and agreed that all of ~the terms and conditions of said Agreethent of Sale and Purchase 9 dated February 2E~,1951 as herein modified or amended,shall 10 he and remain in full force and effect.- 11 IN ~WIIERECF,each of the parties hereto has 12 caused this contract to be executed by its duly authorized 13 officers the day and year first above written. 14 CITY OF SANTA ANA 15 /Courtney R.Chandler —~~Mayor an6 P~eèident of the City Counci: 16 SEAL ATTEST: 17 Js/_Errna Keeler —_— City Clerk 19 CITY OF ANAHEIM 20 SEAL ~/Chas.A.Pearson 21 Mayor 22 ATTEST: 23 Id Charles F.Griffith City Clerk 24 25 CITY OF FULLERTON O26 ______ SEAL ~J~J Thomas J.Eadington~ 27 Mayor 2~ /5 Carrie D.Adams City Clerk 1~ —4.— 370 CITY OF’ORANGE By /Harold R.Post Mayor SEAL ATTEST: /~L H.Elijah City Clerk SU~A PARK SANITARY DISTRICT By is!I.D.Jaynes President of its Board of Directors SEAL And is!Vera McKnight Secretary GARD~GROVE SANITARY DISTRICT By Ls/Charles E.Stevens SEAL President of its Board of Directors And /Walter B.Wentz Secret ary LA HABRA SANITARY DISTRICT By /Nelsi.Launer President of its Board of Directors Seal And /A.C.Earley Secretary PLACENTIA SANITARY DISTRICT By /1.D.Sol~bee Seal President of its Board orDirectors And /Don 13.Haiber Secretary SELLERS —5— 371 COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY By Is!Courtney R.Chandler Chairman of’its Board of Directors S EAL And /Ora Mae Merritt - Secretary COUNTY SANITATION DISTRICT NO.2 OF ORANGE COUNTY By /Robert H~Boney Chainiian of its Board of Directors SEAL And ~Ora Mae Merritt Secretary COUNTY SANITATION DISTRICT NO.3 OF ORANGE COUNTY By /Hugh W.Warden Chairman of its B~~rd of Directors SEAL And J~J Ora Mae Merritt Secretary COUNTY SANITATION DISTRICT NO.5 OF ORANGE COUNTY By /Braden Finch ChairniarEi of its Board of Directors SEAL And Js/Ora Mae Merritt - Secretary - COUNTY SANITATIQN DISTRICT NO.6 By s/s C.N.Nelson Chajrma~of its Board of Directors Arid ~/Ora Mae Merritt Secretary -6- 372 COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY By Ls/Vincent L.Humeston Chairman of its Board of JJirectox’s SEAL And ~Ora Mae Merritt Secreta~y COUNTY SANITATION DISTRICT NO.11 Or OR ANGE COUNTY S EAL By L~i Willis H.Warner Chairman of its Board of Directors And Ls!Ora Mae Merrit Secretary BUYERS -7-